University of Canterbury v The Insurance Council of New Zealand, Christchurch City Council, Body Corporate 423446 (Oxford Body Corporate) - SC 120/2013

Media releases

Summary

Civil Appeal – Building – Building Act 2004 – Local Government – Whether the Court of Appeal erred in upholding the High Court’ s declaration that the Christchurch City Council could not require earthquake-strengthening of existing buildings to a capacity of up to 67 per cent of the current building code requirements – Whether the Court of Appeal erred in holding that the Christchurch City Council was not given the power to require remediation work beyond 34 per cent of the new building standard. [2013}NZCA 471  CA 127/2013

Result

The application for leave to appeal is granted on the following question: Where a building is an earthquake-prone building in terms of s 122(1) of the Building Act 2004, is a council entitled under s 124(1)(c)(i) of the Act to require the building to be strengthened to an extent greater than is necessary to ensure that the building will not have its ultimate capacity exceeded in a moderate earthquake (as defined in reg 7 of the Building (Specified Systems, Change the Use and Earthquake-prone Buildings) Regulations 2005)? 26 February 2014

Related Documents

Leave judgment - leave granted — UNIVERSITY OF CANTERBURY v THE INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED [2014] NZSC 13 [26 February 2014] (PDF 7 KB)

Supreme court decision — UNIVERSITY OF CANTERBURY v THE INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED [2014] NZSC 193 [22 December 2014] (PDF 175 KB)

Additional Information

Transcript

Hearing date : 11 November 2014

McGrath, Glazebrook, Arnold, O’Regan,  Blanchard  JJ.